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25 Jul 2016

Election Petitions [2016] UGHCEP 33

Alaso v Electoral Commission and Anor (HCT-00-CV-EP 5 of 2016)

Alaso v Electoral Commission and Anor (HCT-00-CV-EP 5 of 2016) [2016] UGHCEP 33 (25 July 2016)

Court: Election Petitions of Uganda
Case number: HCT-00-CV-EP 5 of 2016

The court found that there was substantial non-compliance with electoral laws by the Respondents, including the use of a government ambulance for campaign purposes, widespread distribution of money and goods (bribery), harassment and arrest of the Petitioner’s agents, and significant irregularities in ballot paper accounting. The evidence, particularly the unchallenged affidavit of Cephas Mukhwana and the corroborated use of the government ambulance, established that the 2nd Respondent and her agents committed illegal acts with her knowledge and approval. The Returning Officer’s failure to ad…

Source excerpt

Electoral Offences
Bribery And Illegal Practices
Use Of Government Resources
Burden And Standard Of Proof
Affidavit Requirements
Nullification Of Election

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23 Sept 2011

Election Petitions [2011] UGHCEP 300

Otiam v Oboth and Anor

Otiam v Oboth and Anor (Election Petition No. 7 of 2011) [2011] UGHCEP 300 (23 September 2011)

Court: Election Petitions of Uganda
Case number: Election Petition No. 7 of 2011

The court found that there was substantial non compliance with electoral laws in the conduct of the parliamentary elections for West Budama County South constituency. Specifically, the disenfranchisement of 2,913 voters at six polling stations, failure to control the use of ballot papers resulting in multiple voting and ballot stuffing, and the inclusion of votes cast by deceased persons constituted serious irregularities. The court held that the right to vote encompasses both the act of voting and the assurance that each vote is counted equally. The exclusion of results from the six polling…